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1994-03-21_Minutes 84-536 COMMON COUNCIL MARCH 21, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of March, AD. 1994, at 4:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; D. Logan, Purchasing Agent; B. Steeves, Deputy Building Inspector; W. Edwards, Works Department; B. Malone, Planner; G. Tait, Fire Chief; B. Thompson, Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. Call To Order - OpeninQ Prayer Mayor Higgins called the meeting to order and offered the opening prayer. 2. Approval Of Minutes On motion of Deputy Mayor McAlary Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on March 14, 1994, be approved. Councillor A Vincent referred to item 24 in the above minutes in that there was discussion on certain locations having a license; and suggested that, on the basis of his understanding that there are three license holders in the City, being the Three Mile Tavern, the Delta Hotel and the City of Saint John, in the future, if the City is a license holder, the City should not be critical of the Three Mile Tavern. In response to the Mayor's observation that he did not think that any of the Council members were complaining about the Three Mile Tavern's license, Councillor A Vincent advised that he understood that Council was critical of the whole thing; and that he did not know, until told by a citizen, that the City holds the same license to conduct the same shows; whereupon the Mayor advised that he would ask the City Solicitor, in light of Councillor A Vincent's statement, to report in this regard. Question being taken, the motion was carried. 3. Mavor's Remarks The Mayor extended a message of sympathy to Mrs. Dorothy McKay and the family of the late Harry M. McKay, a former Police Chief of the City of Saint John, who passed away on March 19. The Mayor proclaimed the week of March 21 to 25 to be Racial Awareness Week in the City of Saint John, in recognition of March 21 as the International Day for the Elimination of Racial Discrimination; and welcomed to the Council Chamber Messrs. Brian Bond, a teacher, and Ed Bates, Principal, of Hazen White-St. Francis School, as well as Chelsea Saunders, President; Jessica Hachey, Vice President; and Amanda Savoie, Secretary of GROUP, which stands for "Get Rid Of Unwanted Prejudice", which was formed by students of grades four, five and six of this School; and he presented to the students the official proclamation, which he 84-537 COMMON COUNCIL MARCH 21, 1994 advised was framed by Carl White of PRUDE. Deputy Mayor McAlary displayed the teddy bear which is being used to promote the Third Annual Teddy Bear Fair at the Saint John Regional Hospital on March 26, the purpose of which is to educate children about a hospital. 4. Thistle-St. Andrews Curling Club Request For City To Host Luncheon On motion of Councillor Trites Seconded by Councillor Landers RESOLVED that the letter from Mayor Higgins submitting correspondence from the Thistle-St. Andrews Curling Club on having been awarded the 1995 Senior Ladies and Mens Curling Championships; and requesting that the City host the opening luncheon -- be referred to the City Manager. Question being taken, the motion was carried. 5. Tender For Asphaltic Concrete Mixes On motion of Councillor Gould Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender of Standard Paving Maritime Ltd., being the lowest cost after adjustment for the haulage factor, be accepted for the supply of asphaltic concrete mixes, at the unit prices quoted as indicated in the submitted bid summary. Councillor Trites noted that Classic Construction tendered generally $2 or $1.50 a tonne less than the recommended Standard Paving contract and the variance is made up by using Provincial haulage charges or factors based on the distance of the plant from a particular central point in the City; and asked the price per tonne for asphalt in the City in the last year that Standard and Grove Construction were the two bidders in that, based on his understanding prior to Classic Construction coming into the business, the price was in the $40 and plus range, to which Mr. Logan replied that, having checked the record, the price was $40.87 per tonne. Councillor Trites advised that his problem is that it appears that the City is penalizing Classic Construction, which by becoming competitive in this business has dramatically reduced the price of asphalt, for being on the outskirts of the City, while at the same time there has been a strong indication that the City does not want it closer to the City; and also advised that he will be voting against the recommendation as Classic is the low bidder when the haulage rate is taken out based on his calculation that the overall bid of Classic is about $23,300 less than the recommendation, with an additional charge to the City of only about $8,600 if the haulage rate was taken into consideration, being the difference between the haulage rate differential rate of $2.10 a tonne and the low bid submitted by Classic. Councillor Trites rose on a point of order upon Councillor Rogers indication that she understood Councillor Trites to suggest that Grove Construction and Standard Paving at one time might have been together in fixing rates in reference to the City of Saint John; and clarified that his comments in this regard were to suggest that, prior to the third company coming into the competitive market, the price was much higher than it is today and that, by its presence, the third company obviously has been responsible for a reduction in the tender price, but that he said nothing about companies working together in this or divvying up the market or anything along those lines. During discussion Mr. Logan commented on the purpose of the haulage factor; Councillor Knibb advised his intent to vote against the motion, with his suggestion as a solution being to divide the contract between Classic, which had the contract last year, and Standard in that the quantities are fairly considerable and the total sum of money would justify a division into two parts; Councillor Landers, in expressing agreement with Councillor Trites' comments, suggested that Council may have to look into the haulage factor during its review of the pits and quarries regulations when perhaps consideration will be given to having them located outside of residential areas; and Councillor Trites advised that his indication of opposition is his method of challenging the policy; and asked that, no matter what the outcome of the vote is, the City Manager undertake to provide a comprehensive report to Council on the haulage factor, but at the same time looking at other intangibles, such as level of service and whether one company or 84-538 COMMON COUNCIL MARCH 21, 1994 another provides an enhanced level to the City in delivering the product to City trucks. Question being taken, the motion was carried with Councillors Knibb, Landers, Trites and A. Vincent voting "nay". Councillor M. Vincent asked if a motion was needed to request the City Manager and staff to give some thought to the above matter, to which Mr. Totten replied that he has noted the request for a report in this regard. 6. Tender For PrintinQ Tourist Literature On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the tender of Tribune Press Ltd. be accepted for the printing of tourist literature for the 1994 season, at the unit prices bid as indicated in the submitted bid summary. Question being taken, the motion was carried. 7. Tender For Sweeper Brooms On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, tenders be accepted for the establishment of a supply agreement for sweeper brooms for a period of one year, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 8. Tender For Traffic Paint On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John join its requirement for traffic paint for 1994 with that of the City of Fredericton by accepting the tender of Laurentide Chemicals at the unit prices bid as indicated in the submitted bid summary. Discussion ensued during which time staff commented on the City's experience with the use of a plastic type of tape and thermal plastic line markings and arrows. (Councillor Coughlan withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. 9. Security For Rehabilitation of Gravel Pit. 913 Latimore Lake Road On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $70,000 be accepted from Standard Paving Maritime Limited as security to ensure the rehabilitation of the gravel pit at 913 Latimore Lake Road (NBGIC Number 333526). Question being taken, the motion was carried. 84-539 COMMON COUNCIL MARCH 21, 1994 84-540 COMMON COUNCIL MARCH 21, 1994 10. Security For Rehabilitation of Gravel Pit. 1003 Latimore Lake Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $69,000 be accepted from Thomas Construction Limited as security to ensure the rehabilitation of the gravel pit at 1003 Latimore Lake Road (NBGIC Number 329409). Question being taken, the motion was carried. (Councillor Coughlan re-entered the meeting.) 11. Five Star Community Awards Program National Access Awareness Week (NAAW) Consideration was given to a report from the City Solicitor regarding the Five Star Community Awards Program which has been in existence for the past six years and is sponsored by the National Access Awareness Week (NAA W), the Federation of Canadian Municipalities and Human Resources and Labour Canada; advising that a requirement of the Five Star Program is that Common Council pass a resolution supporting the City's application for an award; and submitting a resolution in this regard to be submitted by March 30. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the following resolution be adopted and forwarded to the Recreation Department for inclusion with the City's 1994 Five Star Community Awards Application: "That the Mayor and Common Council of the City of Saint John show its support in principle for the Five Star Community Awards Program by endorsing the City's 1994 application to the Program in the areas of Recreation, Education and Transportation." . Question being taken, the motion was carried. 12. Amendment To December 6, 1993 Council Resolution Re Sale of Land At Cedar Point Read a report from the City Manager advising that, further to the December 6, 1993 Council resolution to sell 22 acres of land at Cedar Point to Blanchard Homes (1983) Ltd., information has now been received that the property is to be transferred to Cedar Point Estates Ltd. rather than Blanchard Homes (1983) Ltd., and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council resolution of December 6, 1993, concerning the sale of land at Cedar Point, be amended by removing any reference to Blanchard Homes (1983) Ltd. and replacing it with Cedar Point Estates Limited. (Rescinded July 11,1994 Bk. 84 Pg. 739 ) Question being taken, the motion was carried. 13. Previous Approval For Upper Floors Grant FundinQ. 127-143 Charlotte Street Consideration was given to a report from the City Manager advising that, further to Council's approval on November 30, 1992 of a project development grant under the Upper Floors Grant Program for Mr. Michael Richard relative to a property at 84-541 COMMON COUNCIL MARCH 21, 1994 127-143 Charlotte Street at which time Mr. Richard had an option to purchase the property, Mr. Richard did not proceed with the project and no funding was advanced to him; also advising that the property has recently been purchased by Mr. Cyrus Hajizadeh who has applied for a Project Development Grant for one of the two buildings which comprise the overall property; and recommending action on this application. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, (1) Common Council resolution of November 30, 1992, approving an Upper Floors Grant of $8,500 for Mr. Michael Richard, be rescinded; and (2) the application of Mr. Cyrus Hajizadeh for a Project Development Grant of $8,500 under the Upper Floors Grant Program be approved for the property located at 127-129 Charlotte Street. Question being taken, the motion was carried. 14. Review Of Taxi Review Committee's Recommendations Read a report from the City Manager advising that staff supports all of the Taxi Review Committee's recommendations presented to Council on December 13, 1993 with the exception of the recommendation that, as part of a reassignment of administrative duties, the office of the Taxi Inspector be made a 52 week-a-year, full- time function in that the Committee is suggesting that this function should be reassigned to some other office on the basis that the Police Force sees its task function as secondary to more significant police matters, while staff in acknowledging that it is perhaps a secondary function in the minds of Police, in the minds of users of this system their involvement adds credibility to the industry and the enforcement of regulations, and it also must be acknowledged that direct involvement by a Police officer with those in the industry should also result in the Department maintaining touch with what is happening in some aspects of the community; suggesting that, if funding is the issue, Police management should be asked to review the costs of providing this service and, if costs are not being covered, fee increases should be proposed sufficient to cover the costs, in that staff believes that the Police Force does have a direct role to play in "inspection" and administration of this industry, although the costs should be borne by those in the industry and not subsidized by taxpayers; and submitting a recommendation in this regard. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, (1) Common Council adopt the recommendations of the Taxi Review Committee, with the exception of #2 under the category "Inspection"; (2) Common Council request the City Solicitor to review the existing Taxi By-Law and bring forth the necessary amendments to effect the recommendations of the Committee; (3) the Taxi Review Committee be asked to go the next step in establishing a "taxi meter fare" after due consultation with those in the industry; and (4) those industry advisors presently serving on the Committee be asked to convene a meeting of those in the industry in an attempt to implement recommendations, drivers, #1, Condition and Appearance of Cabs #1. Question being taken, the motion was carried. 15. Application For Municipal Plan Amendment And Re-ZoninQ 1850 ManawaQonish Road Consideration was given to a report from the City Manager advising that, further to the application of Hughes Surveys & Consultants Ltd. for 051833 N.B. Ltd., which is on the agenda of this meeting as item 18, for a Municipal Plan amendment and re-zoning of property at the intersection of Manawagonish Road and Westgate Drive, the Housing and Property Management Department was requested to consider the sale of a 600-square metre parcel of parkland abutting the proposed development, and on January 24, 1994 Council resolved to sell this portion of land with the condition 84-542 COMMON COUNCIL MARCH 21, 1994 that the land be re-zoned to an appropriate residential category, and it is the desire of the applicant to include this parcel in the existing application for re-zoning; also advising that in 1993 the applicant received subdivision approval for the creation of a corner lot at 4 Westgate Drive and this lot has now been sold and the owner intends to construct a one-family dwelling on the property, and the new owner of this lot has been contacted by the City and expressed no objection to the lot being included in the same application as the surrounding area; and recommending that Common Council include the proposed Municipal Plan amendment and re-zoning for Lot 93-1, and the re-zoning of the 600-square metre portion of City-owned land be considered at the same time as the application of 051833 N.B. Ltd. On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, Common Council include the proposed Municipal Plan amendment and re-zoning for Lot 93-1, and the re-zoning of the 600-square metre portion of City-owned land to be considered at the same time as the application of 051833 N.B. Ltd.; and that the matter be referred to the Planning Advisory Committee for a report and recommendation, with the public hearing to be held on April 25, 1994. Question being taken, the motion was carried. 16. Sale And Rental of PornoQraphy Consideration was given to a report from the City Solicitor referring to Council's recent referral to him of a letter from the Harvest Christian Fellowship requesting that Council give consideration to enacting a by-law restricting the sale and rental of x-rated pornographic videos and magazines in the City, an issue which has been brought to Council's attention by other groups and organizations in recent months; expressing the opinion that Council does not have the authority to pass a valid by-law to prohibit, or regulate and license the specific trade and business of selling and renting what the Supreme Court of Canada has called "hard-core video tapes and magazines as well as sexual paraphernalia", and also that the City's Zoning By-Law enacted under the Community Planning Act is not appropriate nor effective from a land use point of view to adequately control this business; and, for the benefit of the Chief of Police and the enforcement of the Criminal Code, apprising Council of a recent Supreme Court case, R. v. Butler, dealing with the sale and rental of pornographic videos in the City of Winnipeg. The report explains how other Provinces have delegated to municipalities the power and authority to regulate adult entertainment parlours and the business of adult videos, publications and other pornographic material distributed through stores; suggests that, if Council believes that a by-law is necessary and would meet the needs of a local concern, the appropriate Provincial officials should be contacted to have the Municipalities Act amended; and expresses the opinion that, as there is strong law to support this delegated power from the Province and together with a by-law drafted on rational grounds to control and regulate the business of distributing pornographic material, the Province and Municipality would not be found invading criminal law; and concludes that a by-law to license and regulate this business in no way detracts from the duty of the Police and the Crown to enforce the provisions of the Criminal Code dealing with obscenity if there are reasonable grounds for believing that offenses are being committed. On motion of Councillor Chase Seconded by Councillor Coughlan RESOLVED that the above report from the City Solicitor be forwarded with the City's representative to Cities of New Brunswick Association Inc. to determine what problems other cities in the Province experience in this regard, with the representatives to come back to Council with recommendations for Council's consideration. Question being taken, the motion was carried. 84-543 COMMON COUNCIL MARCH 21, 1994 17. Proposed Amendments To Peddlers & Hawkers And Sidewalk Bv-Laws Read a report from the City Solicitor submitting, further to Council's adoption on March 7 of the City Manager's recommendation respecting street vendors, proposed amendments to the Peddlers and Hawkers By-Law and the Sidewalk By-Law reflecting the revisions with respect to sidewalk vendors which had been listed in Schedule "A" of the City Manager's report; and advising that consideration is still being given to by-law amendments which will be necessary with respect to street vending at the King Street North and King Street South locations. The Common Clerk noted that consideration is also to be given to a proposed Parking Meter By-Law (copies of which were distributed to Council members at this meeting.) On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law to amend the Peddlers and Hawkers By-Law, with regard to street vendors, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Peddlers and Hawkers By- Law. (Councillor Coughlan withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Peddlers and Hawkers By-Law, with regard to street vendors, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Peddlers and Hawkers By- Law. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Sidewalk By-Law, with regard to street vendors, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Sidewalk By-Law. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the by-law to amend the Sidewalk By-Law, with regard to street vendors, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Sidewalk By-Law. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law to amend the Parking Meter By-Law be read a first time. 84-544 COMMON COUNCIL MARCH 21, 1994 Councillor Trites commented on the above-proposed amendment on the basis that it includes only two locations and that it was his understanding that staff, in view of his request during Council's previous discussion in this regard, would identify two to four more metered sites, with each of the licenses to be assigned two specific different metered areas so as to allow the vendor to take advantage of both daytime or evening activities at the Imperial Theatre and the later night crowd in the club area of the City. Mr. Bedford advised that staff members, in attempting to provide Council with the proposed by-law amendments as quickly as possible, has not yet put their minds to a third site. (Councillors Chase and M. Vincent withdrew from, and Councillor Coughlan re-entered the meeting during the above discussion.) Councillor Trites proposed a tabling motion for one week until Council has six sites to consider in one amendment, which was seconded by Councillor A. Vincent; and, upon Councillor Trites' withdrawal of the tabling motion so as to allow for further discussion, Councillor A. Vincent indicated that he refused to withdraw as seconder. The Mayor called for the vote on the tabling motion, whereupon Councillor Rogers' rose on a point of order on the basis that, if the mover withdrew the motion, the motion was no longer on the floor, and Councillor A. Vincent advised that he would withdraw as seconder of the tabling motion. Discussion ensued during which time Mr. Bedford advised that it is proposed that the City would be advertising for the sale of only two licenses, so the situation would not come up where there would be three or four people applying for the same site and that the intention was clearly to license a site; however, staff has no objection to a third site and perhaps it was an oversight on staff's part because of the urgency to proceed with the proposed by-law amendments that there is not a third site before Council at this time; and he also advised that the initiative for the chip wagon was basically raised by one proponent who has been waiting for some considerable time in order for staff to submit the matter to Council and that the two sites proposed would probably meet the immediate needs of the one vendor, and that staff could respond to the concern raised by Councillor Trites as soon as staff can approach the question. Mr. Bedford further advised that, in bringing the first two sites forward, several other sites were reviewed and found not to be acceptable for a variety of reasons, some of which were to the vendor, the Parking Commission and to the City. The Mayor called for the question on the motion for first reading of the Parking Meter By-Law on the basis that a third site would be before Council at its next meeting. (Councillors Chase and M. Vincent re-entered the meeting during the above discussion.) Question being taken, the motion was carried. Read a first time the by-law to amend the Parking Meter By-Law. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law to amend the Parking Meter By-Law be read a second time. With regard to the possibility of, at third reading of the above amendment, adding the third site, Mr. Rodgers expressed the opinion that the two readings of the proposed amendment would not count toward a proposed amendment in the future with respect to additional sites. Question being taken, the motion was carried. Read a second time the by-law to amend the Parking Meter By-Law. 18. Hughes Surveys & Consultants Ltd. for 051833 N.B. Ltd. Municipal Plan Amendment & Re-ZoninQ, ManawaQonish Road 84-545 COMMON COUNCIL MARCH 21, 1994 Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Hughes Surveys & Consultants Ltd. for 051833 N.B. Ltd., concerning a parcel of land at the intersection of Manawagonish Road and Westgate Drive, have been completed, and that no written objections have been received in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of Hughes Surveys & Consultants Ltd. for 051833 N.B. Ltd. for a Municipal Plan amendment and re-zoning of a parcel of land at the intersection of Manawagonish Road and Westgate Drive be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 25, 1994. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Chase withdrew from the meeting as he was not present for the March 14 public hearings relative to a proposed Zoning By-Law amendment with regard to 34 McLaughlin Crescent, and the two Street Closing By-Law amendments concerning Golden Grove Road and Cedar Grove Road.) 19. ZoninQ Bv-Law Amendment - 34 McLauQhlin Crescent On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 100-336 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property at 34 McLaughlin Crescent (NBGIC Number 321968), from "R-2" One- and Two-Family Residential to "R-4" Four- Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition limiting the number of dwelling units to a maximum of three. The by-law entitled, "By-Law Number C.P. 100-336 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 20. Street ClosinQ Bv-Law Amendment - Golden Grove Road On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to closing a portion of Golden Grove Road as follows:- GOLDEN GROVE ROAD: - All those certain portions of the public street situate in the City of Saint John in the County of Saint John and Province of New Brunswick at the intersection of the Golden Grove Road and McAllister Drive designated Parcel 93-1 and Parcel 93-2 on a plan entitled "Plan of Survey To Accompany Street Closure Golden Grove Road & McAllister Drive Parcels 93-1 & 93-2 City of Saint John, Saint John County, N.B." dated December 10, 1993, certified correct Kierstead Surveys Ltd. per John F. Quigley, NBLS, P. Eng., and filed in the Saint John County Registry Office on Feb. 4, 1994, as number 200011 84-546 COMMON COUNCIL MARCH 21, 1994 - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 21. Street ClosinQ Bv-Law Amendment - Cedar Point Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to closing a portion of Cedar Point Road as follows:- CEDAR POINT ROAD: - That public street situate in the City of Saint John in the County of Saint John and Province of New Brunswick called Cedar Point Road as shown on a subdivision plan entitled "The Province of New Brunswick Subdivision, (Department of Education), situate Millidgeville, City of Saint John, New Brunswick" dated Mar. 28, 1983 certified correct Hughes Surveys & Consultants Ltd. per Russell J. Robinson, New Brunswick Land Surveyor approved for the Development Officer City of Saint John Nov. 9, 1983, approved by the Director of Surveys Nov. 18, 1983 and filed in the Saint John County Registry Office 21 November 1983 as number 1563. - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillors Chase and Trites re-entered the meeting.) 22. Committee of the Whole Report Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on March 14, 1994, when there were present Mayor Higgins and Councillors Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Grey Ledge Developments Ltd. be advised that the property on Mark Drive (NBGIC Number 424432) is not available for sale at the present time, and that the Planning and Engineering Departments work with the land owners in the area to confirm the future realignment of Mark Drive. 2. That as recommended by the City Manager, the City take no action as a result of the Notice of Tax Sale relative to the properties at 5 and 13 Chipman Hill. March 21, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 22(1). Request For Sale Of City Land On Mark Drive 84-547 COMMON COUNCIL MARCH 21, 1994 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 22(2). 5 and 13 Chipman Hill On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 23. Fundv SWAT - Federal Infrastructure ProQram On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Fundy SWAT advising of its applications for funding assistance under the Federal Infrastructure Program -- be referred to the City Manager. Question being taken, the motion was carried. 24. John C. Noddin - Tree Removal ManawaQonish Road On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that the letter from John C. Noddin registering his concern over a letter delivered to residents of Manawagonish Road by the Parks Department regarding the removal of a large number of trees -- be referred to the City Manager. Mr. Robichaud advised that, in 1991, the City met with residents of Manawagonish Road in a general meeting and presented three modules of a video which indicated why a tree should be removed, conducted a tour of the street, removed 10 trees and replaced 40 trees, and that staff hopes to set up the same type of meeting this time; however, the fact is that all the older trees on Manawagonish Road are mature, being in the order of 60 years old and reaching the end of their lives, and over the next 5 years it is likely that the bulk of them will have to be removed for one reason or another, and that staff would like to see a replanting program and the situation planned out properly. Question being taken, the motion was carried. 25. Ladies' Orange Benevolent Association Assistance For 100th Anniversarv Celebration On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Ladies' Orange Benevolent Association asking for assistance in the hosting of the 100th anniversary of the Association at its meeting in Saint John in June -- be referred to the City Manager. Question being taken, the motion was carried. 26. The Marco Polo Project Television Show On Historv 84-548 COMMON COUNCIL MARCH 21, 1994 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Barry Ogden of The Marco Polo Project Inc. announcing the National Film Board's final approval to a one-hour television show on the story of the Marco Polo and how it is celebrated today around the world, and that the Board is also producing a half-hour education film that will be made available to educational systems around the world -- be received and filed and Mr. Ogden be commended for his efforts in this regard. Question being taken, the motion was carried. 27. The New Brunswick Museum Market Square Project On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that the letter from The New Brunswick Museum thanking Council for including the Museum's Market Square project in the City's list of projects recommended for the Federal Government's Infrastructure Program -- be received and filed. Question being taken, the motion was carried. 28. Imperial Theatre Inc. - Project Status On motion of Deputy Mayor McAlary Seconded by Councillor Chase RESOLVED that the letter from Imperial Theatre Inc. expressing gratitude for the gift of $215,000 for five years beginning in 1994; and advising that the construction phase of the Theatre's life is drawing to a close, with its next challenge to be to provide an artistic program which suits the tastes of its customers throughout the Greater Saint John area -- be received and filed. Question being taken, the motion was carried. 29. Lakewood Heights Home and School Association - Outdoor LiQhtinQ On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from the Lakewood Heights Home and School Association expressing the understanding that the Recreation Department has no funds to provide outdoor lighting at the tennis/basketball area in Lakewood Heights; and suggesting that it is necessary for the City to provide lighting for safety reasons and to decrease maintenance costs (due to vandalism) -- be referred to the City Manager. Question being taken, the motion was carried. 30. Caroline Adams - Hill On Mark Drive On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Caroline Adams advising that as a resident and homeowner at 191 Mark Drive for the past two years she has seen approximately six accidents from drivers coming down the hill too fast and losing control; and asking that a stop sign be placed at the top of the hill to slow down the traffic coming down the hill -- be referred to the City Manager. 84-549 COMMON COUNCIL MARCH 21, 1994 Question being taken, the motion was carried. 31. C.O.I.L. Inc. - TRANSIT II On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the letter from C.O.I.L. Inc. regarding TRANSIT II, a parallel transit system serving the mobility-impaired of Saint John; and advising of two events, since the take-over and operation of this service by Saint John Transit, which cause concern -- be received and the Saint John Transit Commission be requested to appear before Council for an update in this regard, and that the City Manager ensure that the appropriate agencies who have interests in this matter have an opportunity for input. Councillor Landers, a member of the Saint John Ability Advisory Committee, suggested that Council should request that either a representative from this Committee or staff from the Recreation and Parks Departments speak to Council in this regard on the basis that, as some of the Committee members feel that transportation now is more accessible to them, there might be another side to the situation; and, at Councillor M. Vincent's suggestion, the motion to request the Transit Commission to appear before Council was changed to that above. Question being taken, the motion was carried. 32. St. Joseph's Hospital Foundation Use Of ReversinQ Falls Park On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from St. Joseph's Hospital Foundation Inc. requesting the use of Reversing Falls Park for its fourth annual Canducky Derby in late September or early October 1994 -- be received and filed and permission be granted on the basis of precedent set in previous years. Question being taken, the motion was carried. 33. South Central Citizens Council Education CampaiQn For Pet Owners On motion of Councillor Chase Seconded by Deputy Mayor McAlary RESOLVED that the letter from the South Central Citizens Council bringing to Council's attention that, over this past winter, it has conducted an education campaign in the South End concerning animal droppings and the need for dog owners to be responsible and clean up after their animals; and requesting Council to protect the children and environment by enacting a by-law requiring pet owners to clean up after their animals -- be referred to the City Manager. Question being taken, the motion was carried. 34. South Central Citizens Council Effects Of BudQet On Central Peninsula On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that the letter from the South Central Citizens Council drawing Council's attention to its areas of concern noted in the last City budget in that, upon reviewing the budget, one significant aspect came to the forefront: many of the cuts affect the Central Peninsula and its residents -- be received and filed and the portion thereof dealing with neighbourhood policing be referred to the Saint John Board of Police Commissioners. 84-550 COMMON COUNCIL MARCH 21, 1994 Question being taken, the motion was carried. 35. L10vd Betts - LeQal Fees For Emplovee Law Suit On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Lloyd M. Betts expressing the opinion that, while there is no money in the Police Department budget for maintaining community-based policing in a proper manner in the North End of the City and none for implementing community-based policing in the South End, funds can be found to pay legal fees of one City employee to sue another in a frivolous civic action, and that the Chief of Police has launched a personal civil action and should be responsible for his own legal fees; and objecting as a resident and taxpayer to money being spent in this manner -- be received and filed. Question being taken, the motion was carried. 36. Allan Kincade - Adult Material/Entertainment On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Allan Kincade noting that this is his second submission to Council on the matter of adult material/entertainment; and submitting articles from various publications with the hope that Council might make its decisions with an understanding of the long-term effects the restriction of freedom of expression can have on a society -- be received and filed. Question being taken, the motion was carried. 37. Ellerdale Investments Ltd. Re-ZoninQ Of Land In WestQate Park On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Ellerdale Investments Ltd. for the re-zoning of Parcels R, Sand U and public lands in Westgate Park, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 25, 1994. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that item 41 from the Committee of the Whole agenda of this date be added to the agenda for consideration at this meeting. The reason for the above item, being a letter from Local No. 61 regarding funding for litigation, being in Committee of the Whole was questioned, to which Mrs. Munford replied that the item was considered a personnel matter. The Mayor advised that it was his intent to refer the matter to the City Solicitor to see what legal grounds the City has in the light of what has transpired with reference to the Chief in relation with an employee, and expressed the opinion that the matter belongs in Committee of the Whole. Question being taken, the motion was lost with the Mayor and Councillors Chase, Coughlan, Knibb, Landers, McAlary and Trites voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent adjourned. 84-551 COMMON COUNCIL MARCH 21, 1994 RESOLVED that this meeting be Question being taken, the motion was carried. Common Clerk